Among the various charges listed in the bye-laws for a Co-operative Housing Society (CHS) in Maharashtra are non-occupancy charges. These are applicable for properties that are not occupied by the owner or his family members.
- If a person purchases a flat in a CHS for his own residential usages and keeping his flat locked at all times, when he stays somewhere else or overseas, the member is still required to pay the "Full" Society maintenance charges, without and discount / concessions. In such case member is NOT REQUIERD to pay any NON OCCOUPANCY charges.
- If the member flat is occupied by family members means Group of persons includes Husband, wife, father, mother, sister, brother, son, daughter, son0in law, brother in law, daughter in law, Grand son and Granddaughter. Non- occupancy charges can-not be levied to the above family members of the bonafide member. However, intermittent joint-stay of the other family members OR friends, will not attract Non-Occupancy Charges.
- Member flat occupied by non-family members (other than above), means Rentees / Licensee / lessee etc. is equal to “Non-Self Occupancy” and therefore the member is required to pay Fixed “10% of the consolidated Service Charges” (Excluding the statutory taxes) as mentioned in Bye-laws 66 of Model Bye-laws of the Cooperative Housing Society.
- In the event the Flats in the name of the Trust / Corporates, NON- Occupancy can-not be levied on the Guest staying in such flats i.e. Bonafide Staff members (Director, Executive, managers and so on).
However, the corporate is required to provide the copy of the Board Resolution with the details of the company employee/person who is authorized to stay in flat. A company-owned flat can not be used a regular Transit / guest house.
The society is concerned only with the FIXED 10% extra charges on the regular service charges as "Non-occupancy Charges" and strictly nothing beyond this. Any society charging more the specified charges are liable for the action under the Consumer Protection and Indian Penal Code (Criminal Act).